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In Federalist Paper No. 78, Alexander Hamilton envisioned the courts only striking down laws which are at an "irreconcilable variance" with the U.S. Constitution.

What would have happened had Hamilton's view on this issue become the law of the land (as in, if this "irreconcilable variance" standard would have been put either into a federal statute or into the U.S. Constitution)?

As for my own thoughts on this (and assuming that the courts would have genuinely been willing to follow this rule), here goes:

-The rise of the Republican Party might be delayed a bit due to the fact that there will be no atrocious Dred Scott ruling in this TL.
-Desegregation and integration would begin much earlier in this TL since the 1875 Civil Rights Act will survive here. Also, desegregation and integration will be exclusively Congress's--rather than the courts'--job in this TL.
-The courts would be less politicized in general as controversial issues such as abortion, same-sex marriage, euthanasia, campaign finance reform, et cetera will be exclusively fought over in the political sphere.

Anyway, what exactly am I missing here?
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